STATE OF H.P. Vs. LAL SINGH

JUDGEMENT

(1.) State has appealed against the judgment dated 18th February, 1995, of the Sessions Court, whereby respondents Lal Singh, Prem Prakash (now dead) and Mohan Singh, who were tried for offence, under Section 307, read with Section 34 of the Indian Penal Code, have been acquitted.

(2.) Case of the prosecution is that on 13th November, 1993, inhabitants of a building in Housing Board Colony, Jakhu, where Sunil Dutt (PW-7) and his father Shri Som Dutt Vasudeva (PW-1) were also occupying one house, were celebrating Diwali and bursting crackers. PW-7 Sunil Dutt and his father PW-1 Shri Som Dutt Vasudeva were, however, inside their house. Around 11.15 p.m., a stone hit one of their window panes, as a result of which it was broken. PW-1 Shri Som Dutt Vasudeva asked his son PW-7 Sunil Dutt to find out who had hit the window pane with a stone. When PW-7 Sunil Dutt came out. He saw the abovenamed three respondents outside their verandah bursting crackers. He asked the respondents why stone had been thrown at their house. Upon that all the three respondents started giving beatings to PW-1 Sunil Dutt. Father of PW-7 Sunil Dutt, PW-1 Shri Som Dutt Vasudeva, had also come out by that time. He too was assaulted. Then two of the respondents, namely Mohan Singh and Prem Prakash caught hold of PW-7 Sunil Dutt and the third respondent, Lal Singh, dealt a blow of knife in his abdomen. That caused a bleeding wound. PW-7 Sunil Dutt and his father PW-1 Shri Som Dutt Vasudeva raised alarm, on hearing which people living in the locality gathered. After some time PW-1 Shri Som Dutt Vasudevas second son Sanjay Dutt Vasudeva, who had gone to celebrate Diwali in the Transit Camp at some distance, also returned.

(3.) PW-7 Sunil Dutt was rushed to the hospital. Surgery was performed to save his life. Someone informed the police, telephonically. PW-5 HC Praval Singh from Police Post, Lakkar Bazaar, reached the hospital. After ascertaining from the doctor if Sunil Dutt was fit to make statement, he recorded his statement, under Section 154 of the Code of Criminal Procedure, Ex. PW-5/A. On the basis of that statement case was formally registered.